Terms and Conditions of Sale

These terms and conditions of sale of OK StructuresPortable Buildings, LLC (“Seller”) and any attachments hereto take precedence over any additional or different terms and conditions, if any, of the purchaser (“Purchaser”), to which notice of objection is hereby given. Seller's acceptance of this order is expressly conditioned upon Purchaser's acceptance of these terms and conditions. These terms and conditions, together with any other written agreement directly related to this transaction, will constitute the entire agreement between the parties with respect to the portable building(s) sold hereunder.

Any building that is currently or is to be out on a rent-to-own contract is NOT to be altered or modified in any way until the building is paid in full, nor under any circumstance can it be relocated. You must first contact the rental company to schedule a move. Any building that is moved to a different location without the consent of the rent-to-own contract holder will be considered stolen.

Purchaser acknowledges that the portable building(s) sold hereunder may not be re-sold in a retail manner, and are NOT DESIGNED OR SUITABLE FOR HUMAN OCCUPANCY OR HABITATION. Accordingly, Purchaser hereby releases and forever discharges Seller, and will indemnify, defend and hold Seller harmless, to the maximum extent permitted by law, from and against any claims, liability, expenses, regulatory or administrative actions, injunctions, damages, or cost of any kind, including without limitation reasonable attorney fees, arising from or in connection with (i) the purchaser's sale or transfer of any portable building(s) to any other person or entity, (ii) the human occupancy of portable building(s) sold hereunder, (iii) the modification of any portable building(s) in any manner that results in the square footage of any portable buildings exceeding 400 square feet, or (iv) the placement of any such portable building(s) within three feet of any other structure or property line.

Purchaser hereby represents and warrants to Seller that Purchaser has complied, and Purchaser's use and placement of the portable building(s) sold hereunder will comply, with all federal, state and local laws and regulations, including without limitation local zoning codes, setbacks, covenants, permits and land use regulations. Seller does not represent that the portable building(s) sold hereunder are approved for use or placement in any specific location. Purchaser is responsible for determining whether the portable building(s) may be used or placed in any specific location or for any particular purpose, and for purchaser's inability to use or place the portable building(s) sold hereunder in any specific location or manner.

Risk of loss will pass to purchaser upon delivery. Seller will attempt to deliver the portable building(s) sold hereunder one time at (i) no additional charge for deliveries within 50 miles of the main office in Perkins, Oklahoma, (ii) at an additional, one-way per-mile charge for destinations more than 50 miles and not more than 150 miles from the main office, based on building width: $4.00 per mile for buildings 12 feet wide and under, $8.00 per mile for 14-foot-wide buildings, and $12.00 per mile for 16-foot-wide buildings, for every mile beyond the first 50. Seller does not deliver portable building(s) more than 150 miles from the main office.

Delivery means transport of the portable building(s) to purchaser's specified destination and release of portable building(s) onto a reasonably level location that is service accessible by truck with adequate clearance for the portable building(s), and leveling the portable building(s) with treated wood blocks or suitable concrete blocks to be provided by Purchaser. Unless otherwise confirmed in writing by Seller, adequate clearance requires, at a minimum (i) three feet of clearance from any other structure or any property line on any side of the portable building(s) as they will be delivered, and (ii) overhead clearance equal to the height of the portable building(s) plus four feet.

Seller or Seller's delivery personnel, in its or their sole discretion, will determine whether there is adequate access and clearance to Purchaser's proposed delivery site and whether the surface is sufficiently level and suitable to support the portable building(s) sold hereunder. If seller determines for any reason that the delivery cannot be completed, purchaser and seller will arrange for a second delivery attempt at an additional, one-way charge at the applicable per-mile rate above for every mile from the location of the main office.

Purchaser releases and forever discharges Seller from any liability resulting from any damage to Purchaser's property incurred during a delivery attempt, including without limitation damage to person or property, loss of use, loss of time, inconvenience, equipment rental, loss of earnings or profits or any commercial loss relating to yards or driveways.

Seller will not be liable for punitive, incidental or consequential damages arising from Purchaser's order. The remedies of Purchaser as set forth herein are exclusive. The liability of Seller with respect to the sale and delivery of any portable building(s) under this order, whether in contract, in tort, under any warranty or otherwise, will not exceed the difference between the price of the portable building(s) as specified on the first page of this order and the value of the portable building(s) as delivered by seller. Additionally, Seller will not be liable for any loss or damage of any kind arising from delay or inability to deliver beyond Seller's reasonable control, or from improper maintenance, alteration or misuse of the portable building(s).

Orders for standard portable building(s) may be canceled by purchaser at any time before delivery. If Purchaser cancels such an order, Seller has the option to charge the Purchaser a restocking fee equal to 10% of the purchase price shown on the first page of this order (the “Restocking Fee”). Such restocking fee will (i) be retained by seller if purchaser has paid all of the purchase price or a portion of the purchase price equaling or exceeding 10% of the purchase price at the time of cancellation, provided that Seller will refund to Purchaser all amounts in excess of the Restocking Fee, or (ii) be immediately due and payable by purchaser to seller at the time of cancellation if Purchaser has paid none of the purchase price or a portion of the purchase price equaling less than 10% of the purchase price, provided that Seller may apply against such Restocking Fee any amounts then-paid by Purchaser.

Orders for custom-built or custom-painted portable building(s) may not be canceled except with prior written consent of the seller, which consent Seller may withhold for any reason or no reason.

If Purchaser is a governmental entity or Indian Nation, PURCHASER HEREBY EXPRESSLY WAIVES ITS DEFENSE OF SOVEREIGN OR OTHER IMMUNITY IN THE EVENT OF A DISPUTE BETWEEN PURCHASER AND SELLER REGARDING THIS ORDER. Regardless of whether Purchaser is a governmental entity or Indian Nation, PURCHASER EXPRESSLY ACQUIESCES TO THE JURISDICTION AND VENUE OF THE UNITED STATES FEDERAL AND STATE COURTS.

(NOT INCLUDING REPOS AND OR DISCOUNTED BUILDING(S).) Seller warrants to the original user of the portable building(s), provided the building(s) remains at the original delivered location, that the portable building(s) sold hereunder will be warranted against defects in material or craftsmanship within 5 years of the original delivery date, not including damage caused by external sources such as wind damage to shingles and roof metal. Acts of God, including high wind, flood, fire, tornados or any other disaster are not covered under manufacturer warranty. Seller will not warranty a building if it is blocked up more than 16" due to unlevel conditions or by request of Purchaser.

Steel Door Water Intrusion Disclaimer (no warranty): Seller will not guarantee that steel doors will be completely leak-proof. We recommend a storm door or a porch that provides additional shielding. The building warranty is also voided if the building is used as a residence and is not put on a solid gravel pad or cement piers or footers.

Seller's sole obligation and purchaser's sole remedy under this Warranty is replacement of the portable building(s), or at Seller's option, the defective portion thereof that Seller finds is defective in material or craftsmanship within the warranty time period. Any replacement performed under this Warranty will be performed by Seller or Seller's agent. The above warranty will be null and void in the event that the portable building(s) are altered by purchaser, or have been, in Seller's sole judgment, subject to negligence, improper maintenance or misuse or moved from the original delivered location. Seller's liability is further limited as provided by the Limitation of Liability section of these terms and conditions.

Seller disclaims all other warranties, including without limitation the implied warranties of merchantability and fitness for a particular purpose.

This order and these terms and conditions will be construed under state law without regard to the choice of law principles thereof. No waiver of any breach of any provision of this contract will constitute a waiver of any other breach of such provision. If one or more of these terms and conditions is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other term or condition, and such invalid, illegal, or unenforceable provisions will be modified to the minimum extent necessary to render such provisions valid, legal and enforceable.